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Newfoundland and Labrador Leave Laws

laws

Holidays

Paid federal statutory holidays

  • New Year’s Day – 1st January
  • Good Friday – 2 days before Easter Sunday
  • Victoria Day – Monday preceding May 25th 
  • Canada Day – 1st July
  • Labour Day – first Monday of September
  • Thanksgiving Day – second Monday of October
  • Remembrance Day – 11th November
  • Christmas Day – 25th December
  • Boxing Day – 26th December

Provincial Paid holidays

  • New Year’s Day
  • Good Friday
  • Memorial/Canada Day
  • Labour Day
  • Remembrance Day
  • Christmas Day

To be eligible to work, the employee must have:

  • Worked at least 30 calendar days prior to the holiday
  • Worked the scheduled shift before and after the holiday

Eligible Pay Rate and/or Entitlement:

  • If the holiday falls on a regular workday: 2 times regular rate OR regular pay for hours worked + one day paid leave within the next 30 days. If the shift is shorter than a regular working day, the employer is required to pay the employee a regular day’s wage + regular wage x hours worked.
  • If the holiday falls on a non-working day: Employee will receive one day paid leave

Vacation

In Newfoundland and Labrador employees are entitled to 2 consecutive weeks of vacation leave for the first 15 years of employment and 3 consecutive weeks of leave after 15 years of employment.

Vacation Pay 

Employees are entitled to vacation pay of 4% of gross wages for the first 15 years of employment and 6 % of gross wages after 15 years of employment. Vacation pay must be paid the day immediately before beginning a vacation. Employees are eligible to receive the vacation pay if they have worked for the employer at least for 5 days.

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

Vacation is considered earned wages.

  • Use-It-or-Lose-It Policy

In Canada is illegal to use the policy. 

  • Payment of Accrued Vacation upon Termination

The employee’s earnings must be paid upon termination of employment. Vacation Pay has to be paid within 1 week of the termination of the employment.

 

Accruals

  • Vacation and PTO

Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.

  • Personal leave and Family leave – Sick Leave/ Family Responsibility Leave

Employers are required to provide employees with up to 7 days of unpaid leave. Employees are eligible for leave if they have worked for the same employer for at

Maternity (Pregnancy) Leave and Parental Leave

Maternity Leave

Employees who have worked at least 20 consecutive weeks for the same employer are entitled to up to 17 weeks of job-protected unpaid leave. Leave cannot start earlier than 17 weeks before the expected birth date. Employees must provide an employer with 2 weeks’ written notice and a medical certificate. The employee must provide a four weeks notice if the employee intends to return to work prior to the end of 17 weeks.

 

Parental Leave

Employees who have worked at least 20 consecutive weeks for the same employer are entitled to up to 61 weeks of job-protected unpaid leave. Parental Leave has to be taken within 35 weeks of the birth or the child coming into custody for the first time. Parental leave may be taken immediately after the pregnancy leave. Employees must provide at least 4 weeks’ written notice if they want to come back to work prior to the end of 35 weeks.

Jury Duty Leave

All employers must allow employees to take unpaid leave in order to attend court as jurors. 

Bereavement Leave

  • Employees who have been employed for at least 30 days with the same employer – 1 day off with pay and 2 days without pay.
  • Employees who have been employed for less than 30 days – 2 days without pay.

 

Leave related to death or disappearance of a child

Employees are entitled to up to 52 weeks of unpaid leave in relation to the disappearance of a child and up to 104 weeks of unpaid leave in relation to the death of a child as a result of a crime. This applies to employees who are parents of a child under the age of 18 and who have been employed for at least 30 days. Employees are not entitled to take leave if they have been charged with the crime considering the death or disappearance of the child. Employees must provide written notice and a verification.

Compassionate Care Leave, Critical Illness Leave, and Family Violence Leave

Compassionate Care Leave Eligible employees are entitled to up to 28 weeks of job-protected unpaid leave within 52- week period to provide care and support for a family member. Employees must provide a medical certificate that confirms that a family member is critically ill with a risk of dying. Two weeks’ notice is required.

Critical Illness Leave Eligible employees are entitled to up to:

  • Up to 37 weeks of unpaid leave to provide care or support for a critically ill child,
  • Up to 17 weeks of unpaid leave to provide care or support for a critically ill adult.

Employees must provide a medical certificate confirming a critical illness and a weeks written notice.

 

Family Violence Leave

Eligible employees are entitled to 3 days off with pay and 7 days without pay per year. The employees are eligible for leave if they or their children have been directly or indirectly subjected to, a victim of, impacted or seriously affected by family violence or has witnessed family violence by:

  • a person who is or has been a family member
  • a person who is or has been in an intimate relationship or who is living or has lived with the employee
  • a person who is the parent of a child with the employee
  • a person who is or has been a caregiver to the employee or
  • any other person who is a member of a class of persons prescribed in the regulations

Reservist Leave

An employee who is a member of the Canadian Forces Reserves and who has worked at least 6 consecutive months for the same employer is entitled to job-protected unpaid leave for the required period of Canadian Forces service. Employees must provide 60 days written notice.

A second or additional unpaid service leave may be permitted, if a period of at least 1 year has elapsed from the date the employee returned to work from the most recent service leave.